HKSAR v. HO CHUN NGAI

DCCC187/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 187 OF 2009

----------------------

----------------------

Reasons for Sentence

1.  Defendant, stand please. Listen carefully. I accepted your counsel’s submission that 7 years should be the starting point in view of the quantity of drugs and the fact that you were convicted in District Court. You have pleaded guilty at the first opportunity in court. I will give you the usual one‑third remission, which you are entitled to.

2.  I will also give favourable consideration to your character. Except for the commission of the present offence, you are quite a responsible person, although it is quite selfish in a way. You are very responsible to your family members and very responsible to other people. Apparently, you have realised that you are mixed up. You can tell the distinction. The one cannot excuse the other but in any event I think this is a mitigating factor, especially when it is quite unfortunate that the responsibility to your family member contributed to commission of the present offence by you.

3.  I am prepared to give you some further reduction on that ground and also on the ground that you have co-operated with the police, although you tried to wriggle your way out by claiming that it was for your own consumption. So there are two factors together: the first one relating to your personal unfortunate circumstances and your character; and the second your very limited co‑operation with the police admitting only possession. I will give you a further discount of 4 months.

(Discussion with prosecuting counsel re sentence)

4.  I do not have to repeat what I have said. Your co‑operation, the two factors, I don’t want to mention again. Even if I have something to add, I will not add it now. Otherwise it would appear that I would be arguing with prosecuting counsel in justifying my sentence. I will leave it like that. Suffice it for me to say I have mentioned more than financial circumstances - personal circumstances, if you remember me correctly.

5.  The other factor is your very limited co‑operation. You admitted only possession but apparently it saved at least the police a lot of trouble. It is just as well you admit it because it is very strong evidence against you as a matter proving you are in possession of the drugs.-

6.  You would be given a much greater discount. The police have to undertake a lot of investigation work before they build up a case against you but for your confession. But it is not the case here but anyway there is some co-operation. As I have said, if the defendant will be automatically getting one-third remission for pleading guilty in court, I cannot see how I can be justified in refusing to consider your co-operation, however limited, to the police.

7.  As I have said, you are entitled to one-third remission. I will give you another four months. That will be 32 months. I give you a starting point of 7 years. The total reduction including the one-third would be 32 months. So simple arithmetic, I sentence you to 4 years and 4 months’ imprisonment.

8.  I cannot see any good reason why I should direct the whole or any part sentence to run concurrent with your present one, so the sentence is consecutive to your current one.